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Last year we took up the appeal of an Army sergeant. After reading the record of trial, I went to meet with the client at the JRCF, Fort Leavenworth, KS to hear from him. (I make every effort to visit an appellant client in person.) We investigated and interviewed witnesses to develop a case of…

48,000. That is the approximate number of collateral consequences – specific legal restrictions, generalized discriminated and the overall social stigma – returning citizens face. These collateral consequences can adversely impact access to housing, employment, occupational licensing, education, public benefits and voting. Last month NACDL partnered with Prison Fellowship to celebrate April 2017 as Second Chance…

A gasp went up recently about the likely recall of a retired general officer for court-martial prosecution. (It’s my understanding that he’s not actually been recalled, merely that the SecArmy has determined to exercise jurisdiction. He’ll be brought on “active duty” close to trial.) See, e.g., Oriana Pawlyk, Retired General Accused of Sexual Assault Faces…

History alerts us to this day–in 1863–as the day General Order #100 was promulgated. If you have not read it, I highly recommend John Fabian Witt’s Lincoln’s Code.

Friend Gene Fidell has posted an interesting piece at JustSecurity blog entitled: https://www.justsecurity.org/40208/u-s-military-justice-operational-mishaps-primer/

I’ve put a quick note about the new change to Navy Regulations about posting of nude images — here.

Sophie J. Hart & Dennis M. Martin, Essay: Judge Gorsuch and the Fourth Amendment, 69 Stan. L. Rev. Online 132 (March 2017).

Today we take up the defense’s assignment of error and address the application of Mil. R. Evid. 412 to the government. Does Mil. R. Evid. 412 apply to the government? Yes. Must the government follow the procedural requirements before introducing evidence that falls under Mil. R. Evid. 412? Again, yes. And, finally, what happens when…

AF Reporter. THE FIFTH AMENDMENT IN THE DIGITAL WORLD 2 Technology has breathed new life into the interpretation of constitutional provisions. EXCEPTIONAL TRANSITIONAL COMPENSATION 34 Help for Family Member Victims When Discharge Happens Before the Offense is Adjudicated [; increasing the secondary gain incentive]. AF Law Review. SERVE HONORABLY, FOREIGN-BORN SERVICE MEMBER, OR RISK DEPORTATION:…

I note here the results in two cases involving sexual assault.